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what is the role of discretion

by Verner Brekke Published 3 years ago Updated 2 years ago
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Discretion begins with the decision to label certain acts as criminal and is followed by a series of subsequent decisions made by police officers, judges, prosecutors, and others. As a result, the objective ideal gives way to individual personal judgment, both in a collective sense and in an organizational sense.

Why is CPD important and why does it matter?

Continuing professional development (CPD) is important because it ensures you continue to be competent in your profession. It is an ongoing process and continues throughout a professional’s career the General Dental Council calls this lifelong learning. The ultimate outcome of well-planned CPD is that it safeguards the public, the employer ...

Why making the right decision is important?

Why Is Decision Making Important in Business?

  • You Get To Make Better Choices. ...
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  • You Learn To Understand the Difference Between What’s Rational and What Feels Right. ...
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Why do the police have discretion?

Police discretion allows law enforcement officials to effectively make decisions in the field when no clear-cut solution is illuminated by law or a handbook. This trend in police work has many advantages such as allowing officers the flexibility to handle each situation in a manner that best fits its individual needs.

Why is it important to be kind with others?

  • By being kinder to others you tend to be kinder towards yourself.
  • You get what you give.
  • It makes the world a better place.
  • Kindness is a sign of strength.
  • Anger is toxic.
  • It feels good.
  • It’s the right thing to do.

What does "discretion" mean in art?

Who said Toney should have used his discretion not to enforce the order or sued the Evers administration to block it?

Is being a Supreme Court Justice a discretionary job?

Who was Del Monte?

See 1 more

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Why is discretion necessary?

Discretion is necessary to effective law enforcement because police procedures are not always clearly defined in law and because a community's laws may differ from current norms.

Why is discretion used in the criminal justice system?

Discretion plays a vital part in the criminal justice system. It's the power of officials to take actions according to the dictates of their common sense and conscience. Discretion in the criminal justice system is crucial because it helps the people in charge keep the public safe from those who break the law.

What is an example of discretion?

Each artist in the gallery has discretion over the price that will be charged for his or her work. The coach used/exercised his own discretion to let the injured quarterback play.

What role should discretion play in the sentencing process?

Judicial Discretion Definition Its judicious use increases fairness and can help to promote an equitable legal process by allowing the judge to consider individual circumstances in instances when the law is insufficient or silent.

When can discretion be used?

In criminal and tort law, discretion is the ability to judge between right and wrong, which is sufficient to hold one liable for one's own conduct. For example, a judge may have discretion over the amount of a fine, a prosecutor may have discretion when prosecuting a criminal case.

Who has the right of discretion?

Introduction. Judicial Discretion is one of the important powers of the judiciary where the judges can take decisions in some matter without following any fixed rule or established law. The concept of discretionary power is an instance which shows the independence of our judiciary.

What is the full meaning of discretion?

freedom of judgment or choicethe power or right to decide or act according to one's own judgment; freedom of judgment or choice. It is entirely within my discretion whether I will go or stay.

How do you show discretion?

The importance of discretion to the reputation of a company cannot be overstated.Respecting Confidentiality. Most companies require employees to be discreet in their business communications. ... Exercising Sound Judgment. ... Appropriately Managing Money. ... Abiding by the Law.

How do you practice discretion?

Here are four lessons on discretion we can learn from the American Cowboy:Value Your Words. What a sharp contrast from our modern day! ... Reckless Words Affect Reputation. A man's reputation can be ruined by loose lips. ... Talk Less, See More. The less we talk, the more we observe! ... Think Before You Speak.

What is discretion of the court?

Judicial discretion refers to a judge's power to make a decision based on their individualized evaluation, guided by the principles of law. Judicial discretion gives courts immense power which is exercised when legislature allows for it.

What is discretion in criminal justice process?

Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity. The rules themselves are usually the result of discretion by other actors in the criminal justice system, such as the legislature, which has created the criminal code for the jurisdiction.

How is discretion used in policing?

Discretion is applied from the moment someone is arrested, when an officer uses their discretion to make the initial decision to arrest. From there, once the supposed offender has been arrested, the prosecutor can use their discretion to chose to either bring charges against the offender or to dismiss them.

What is discretion in criminal justice process?

Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity. The rules themselves are usually the result of discretion by other actors in the criminal justice system, such as the legislature, which has created the criminal code for the jurisdiction.

How is discretion used in policing?

Discretion is applied from the moment someone is arrested, when an officer uses their discretion to make the initial decision to arrest. From there, once the supposed offender has been arrested, the prosecutor can use their discretion to chose to either bring charges against the offender or to dismiss them.

What are the three important factors of police discretion?

MatchFive Factors of police discretion. nature of crime. ... nature of crime. the less serious crime to public, more freedom officers have to ignore it.relationship between criminal/victim. ... relationship between police and criminal/victim. ... race/ethnicity, age, gender, class. ... departmental policy.

Is discretion by criminal justice practitioners a good thing?

That means police discretion does an excellent job of streamlining our criminal justice system when it is correctly applied. It limits burnout in law enforcement because it gives officers an opportunity to issue warnings instead of either charging people or letting them off the hook.

138 Synonyms & Antonyms of DISCRETION - Merriam-Webster

Synonyms for DISCRETION: common sense, discreetness, gumption, horse sense, levelheadedness, nous, policy, prudence; Antonyms for DISCRETION: imprudence, indiscretion ...

Discretion legal definition of Discretion - TheFreeDictionary.com

discretion: n. the power of a judge, public official or a private party (under authority given by contract, trust or will) to make decisions on various matters based on his/her opinion within general legal guidelines. Examples: 1) a judge may have discretion as to the amount of a fine or whether to grant a continuance of a trial; 2) a trustee ...

Discretion Definition & Meaning | Dictionary.com

Discretion definition, the power or right to decide or act according to one's own judgment; freedom of judgment or choice: It is entirely within my discretion whether I will go or stay. See more.

Discretion Definitions | What does discretion mean? | Best 12 ...

Define discretion. Discretion as a noun means The quality of being discreet; circumspection..

Discretion - definition of discretion by The Free Dictionary

1. The quality of being discreet; circumspection: "the almost unknown young man who lived in the upper room ... coming and going with discretion" (Doris Lessing).

Discretion - Definition, Meaning & Synonyms | Vocabulary.com

discretion: 1 n the power of making free choices unconstrained by external agencies Synonyms: free will Types: self-determination determination of one's own fate or course of action without compulsion Type of: power , powerfulness possession of controlling influence n freedom to act or judge on one's own Type of: liberty freedom of choice n ...

What are some examples of disturbances of the peace?

Let's look at another example. Imagine that there is a large college party where there is a disturbance of the peace. The police are dispatched to the scene. The police show up and investigate. The police have the discretion to write the owners of the home a citation for disturbing the peace, or they can simply issue a warning to the owners and advise them to lower the volume. The police decide to exercise their discretion and issue a citation to the owners.

Do police officers have discretion?

When it comes to police work, there is a high level of discretion an officer must use . Whether it is for deciding when to issue a ticket or utilizing a weapon, police officers must use their own discretion. To unlock this lesson you must be a Study.com Member.

Police Discretion Examples

What is police discretion? The police discretion definition refers to the freedom of police officers to make decisions as they perform their official duties. There are many instances throughout a police officer's day-to-day work where they can decide how to respond to a situation using their own best judgement and wisdom rather than a strict law.

Pros and Cons of Being a Cop

Police officers toe the thin blue line, the line between lawfulness and illegal acts. Acting as an intermediary between law and chaos can be stressful, and means that there are many pros and cons of being a cop.

What is the National Research Council's 1983 review of sentencing?

The National Research Council’s 1983, a landmark review of sentencing, offers a first systematic assessment of sentencing goals, policies, and the disparity and discrimination that can follow a lack of consensus on the fundamental purposes of sentencing.

What is the book "Discretion" about?

It distinguishes discretion from ordinary personal decision making, not accountable to a set of standards or a higher authority (p. 31). Dworkin distinguishes further between “weak” (ordinary judgment) and “strong” discretion (pp. 31–32), which draws on principles and is invoked under a duty that transcends normally applicable technical rules, relating to an “ultimate social rule or set of social rules” (p. 69).

What are the two types of racial disparity?

Racial disparity is further decomposed into two types: warranted or unwarranted. Warranted disparity is the variation in outcomes due to legally relevant factors such as criminal history, crime type, and crime severity, which are correlated with race.

What is discretion in criminal justice?

Introduction. Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity. The rules themselves are usually the result of discretion by other actors in the criminal justice system, such as the legislature, which has created the criminal code for the jurisdiction. However, even the most detailed rules ...

What is the systemic view of the criminal justice system?

Based on the landmark 1957 American Bar Foundation survey, this anthology gives a systemic view of the criminal justice system, in terms of the decisions made by police, prosecutors, judges, and corrections officials: prac titioners prefer flexibility to rules; discretion is exercised mostly at the lowest levels of the organization (especially in policing and prosecution) and with limited transparency; and attempts to control decisions at one stage affect decisions made by agents at other stages of the process, in a hydraulic manner.

What is the criminal justice flow chart?

8–9), which highlights the complexity of the system and the process of selection by which ever fewer defendants proceed farther into the system. The document is also notable for its consideration of police, courts, and corrections (chapters 4, 5, and 6) in the context of crime control. An updated version of the chart can be found on the Bureau of Justice Statistics website.

Why is the term "system" misleading?

Samuel Walker 1992 adds that the term system is perhaps misleading, because the police, courts, and corrections are largely independent of one another, although the actions of each set of actors clearly have an impact on the others.

Why do detectives use discretion?

4. It allows for resource allocation. Detectives can use police discretion as a way to allocate resources to specific activities. Different departments can take advantage of this principle to determine how much time gets spent investigating a specific case.

What are the advantages of police discretion?

List of the Advantages of Police Discretion. 1. Police discretion allows officers to make decisions when a clear solution may not exist. The principle of police discretion allows a law enforcement official to make effective decisions while on the job when clear solutions may not be available. That means each officer has ...

Why is discretion a soft law enforcement mechanism?

It can lead to soft law enforcement mechanisms. When police discretion gets abused at local precincts, it can result in softer law enforcement mechanisms. It may act as a motivation to the general public to be less respectful of the laws and regulations that govern their community.

What is discretion in juvenile justice?

Discretion is available for offenders of all ages. Police officers often act as a gatekeeper to the juvenile justice system in the developed world. The discretion they use when interacting with young criminal offenders gives them the option to handle delinquencies and minor offenses in a constructive way.

Why is preserving life important to police?

The principles of police discretion make this possible while also allowing for a higher level of force to get applied when necessary to prevent future injuries. 3. This principle allows an officer to pick and choose their enforcement opportunities.

What decisions require the use of police discretion?

An officer might need to consider whether or not to draw a weapon, make an arrest, issue a traffic ticket, perform a search, or stop to offer assistance to someone.

When police officers perform their official duties, there is a particular level of discretion they must use when interacting with the?

When police officers perform their official duties, then there is a particular level of discretion they must use when interacting with the public. It is not unusual for an official to be performing their work alone, so situations can arise when this topic can come into play. It is up to each person to decide on their own in a specific moment as to what to do or how to react to the situation developing in front of them.

What does "discretion" mean in art?

1 : the right to choose what should be done in a particular situation Each artist in the gallery has discretion over the price that will be charged for his or her work. The coach used/exercised his own discretion to let the injured quarterback play. See More Examples

Who said Toney should have used his discretion not to enforce the order or sued the Evers administration to block it?

Jarchow has said Toney should have used his discretion not to enforce the order or sued the Evers administration to block it.

Is being a Supreme Court Justice a discretionary job?

— New York Times, 26 May 2021 Simply put, being a Supreme Court justice is a hugely important job with a great deal of discretion to it.

Who was Del Monte?

Del Monte was a courtier, bureaucrat, diplomat and politician born and bred and he understood the need for discretion. — Peter Robb, The Man Who Became Caravaggio, (1998) 1999 Each artist in the gallery has discretion over the price that will be charged for his or her work.

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1.Discretion Definition & Meaning - Merriam-Webster

Url:https://www.merriam-webster.com/dictionary/discretion

23 hours ago Definition of discretion. 1 a : individual choice or judgment left the decision to his discretion. b : power of free decision or latitude of choice within certain legal bounds reached the age of discretion. 2 : the quality of having or showing discernment or good judgment : the quality of …

2.discretion | Wex | US Law | LII / Legal Information Institute

Url:https://www.law.cornell.edu/wex/discretion

30 hours ago Although most analyses of the criminal justice system emphasize the formal aspects of legal administration, discretion plays a major role in the administration of criminal justice. Abstract …

3.Discretion and the Criminal Justice Process

Url:https://www.ojp.gov/ncjrs/virtual-library/abstracts/discretion-and-criminal-justice-process

32 hours ago (d) the role of discretion One of the key policy questions which underpins proprietary restitutionary claims concerns whether a normative approach can be adopted when …

4.Discretion: Definition & Examples | Study.com

Url:https://study.com/academy/lesson/discretion-definition-examples.html

19 hours ago  · Discretion is a term often used in television to warn audiences about viewing potentially disturbing content, but police also use discretion in their decision-making.

5.The Role of Discretion in the Criminal Justice System

Url:https://www.nber.org/papers/w6261

27 hours ago Studies in this literature generally hypothesize that discretion plays one of two roles: either it serves as the means by which changing broad social norms against crime causes changes in …

6.Police Discretion | Overview, Examples, Pros & Cons

Url:https://study.com/learn/lesson/police-discretion-overview-examples-pros-cons.html

4 hours ago  · Discretion allows officers to quickly judge a situation, determine what is going on, identify the legal statute that pertains to the case, and interpret that statute. Discretion …

7.Discretion in the Criminal Justice System - Criminology

Url:https://www.oxfordbibliographies.com/view/document/obo-9780195396607/obo-9780195396607-0083.xml

1 hours ago  · Discretion is the latitude granted officials to act under a formal set of rules and in a public capacity. The rules themselves are usually the result of discretion by other actors in …

8.16 Advantages and Disadvantages of Police Discretion

Url:https://greengarageblog.org/16-advantages-and-disadvantages-of-police-discretion

13 hours ago Police discretion is freedom or the power of state officers to exercise various alternative actions towards a person. A police officer may choose to give a warning, issue a ticket of violation or …

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